Polk Judge Arrested, Charged With Grand Theft

Friday

Sep 13, 2013 at 3:58 PMSep 13, 2013 at 9:39 PM

Circuit Judge Beth Harlan and her former judicial assistant were arrested Friday on charges of scheme to defraud and grand theft following an investigation by the State Attorney's Office that started after allegations of a sex scandal at the Polk County Courthouse.

By JASON GEARYTHE LEDGER

BARTOW | Circuit Judge Beth Harlan and her former judicial assistant were arrested Friday on charges of scheme to defraud and grand theft following an investigation by the State Attorney's Office that started after allegations of a sex scandal at the Polk County Courthouse.The judge and Alisha Rupp conspired to falsify Rupp's time sheets so Rupp would get paid for time she didn't work, according to complaint affidavits obtained by The Ledger."Judge Harlan appears to have not only known, but approved of this blatant waste of taxpayer dollars through her irresponsible supervision of Alisha Rupp," an affidavit states.Their arrests were a shocking twist following an investigation that began after Rupp made claims that she was fired for complaining about a "sexually toxic work environment" at the courthouse.In a separate 68-page report, the State Attorney's Office concluded there was "no direct evidence" to substantiate Rupp's allegations that Polk County Judge Susan Barber Flood and her bailiff, James "Bubba" Maxcy, were having a sexual relationship.But the report was highly critical of Maxcy and Flood, saying the judge was vulnerable to such allegations by how she "carried on at the courthouse" with her bailiff, and did not heed the warnings of several other fellow judges "about the improprieties of her relationship with her bailiff.""Judge Flood and Maxcy were seen everywhere together and also spent hours at a time behind closed doors in judicial chambers," the report states. "In addition to being seen socially together, the two were regularly spotted together inside parked cars in the courthouse public parking lot."Flood told The Ledger that her job position prohibits her from commenting on matters surrounding the pending criminal cases."I take my job very seriously," she said. "The whole situation saddens me."Harlan was booked Friday afternoon and released without having to post bail.Rupp was also arrested Friday evening and was booked, with her bail set at $3,000, said Donna Wood, a Polk County Sheriff's Office spokeswoman.Chief Judge William Bruce Smith told The Ledger that Harlan is under "voluntary suspension" from her judicial duties.The state Judicial Qualifications Commission, which is responsible for cases involving alleged misconduct by Florida judges, will monitor the pending criminal case against Harlan, he said."They are satisfied we are taking appropriate steps," he said.Smith said he would contact the Florida Supreme Court's chief justice next week so that a judge from outside the 10th Judicial Circuit will be assigned to oversee the criminal cases against Rupp and Harlan.Smith said he had not yet reviewed the State Attorney's Office's report on its investigation into allegations involving Flood.Flood's status on the bench has not changed, and she is expected to continue working, Smith said.Harlan and Rupp face charges of scheme to defraud and grand theft. Each is a third-degree felony punishable by up to five years in prison.Rupp also faces misdemeanor charges of filing a false police report and perjury. These relate to the allegations that Rupp made about being sexually harassed and threatened by Maxcy at the courthouse, and she has since recanted these accusations, the affidavits state.Each misdemeanor charge carries a maximum penalty of up to a year in jail.An affidavit states Harlan and Rupp have a "close personal friendship" that began 15 years ago while Harlan was still in private practice as a lawyer. Rupp later became Harlan's judicial assistant.Harlan was responsible for approving Rupp's time sheets and did so knowing that Rupp's time spent working didn't match what was marked on her time sheets, the affidavit states, and the judge gave her secretary "free rein" to dictate what hours she worked and didn't work.Harlan described Rupp as "efficient and she could do the same amount of work in twenty hours that it took most people to do in forty," the affidavit states.However, Smith, the chief judge, told investigators Rupp's fellow judicial assistants were "exasperated with always having to cover for Alisha because she was chronically late or absent."The affidavits state there were many instances where Rupp would mark that she worked an eight-hour day when other judicial assistants had to be assigned to cover for her while she was absent."For the most part, Judge Harlan was at the courthouse working and therefore had to know Alisha was not working," an affidavit states.In one instance, Rupp was paid for eight hours of work in April when investigators found an email showing Rupp and her husband had taken the afternoon off "to enjoy a nice relaxing massage."The chief judge told the investigators that he insisted Harlan should handle the problem, but she wouldn't fire Rupp. When Harlan wouldn't act, Smith said he took control and fired Rupp himself in early July.Rupp came forward at a news conference July 24 at the law office of David Linesch in Palm Harbor. Reporters were given a four-page letter detailing her allegations of a "sexually toxic work environment."She accused Maxcy of pushing her against a wall and threatening to use a stun gun on her after she refused to have sex with him.However, the complaint affidavits released today say Rupp has recanted her claims of being sexually harassed and threatened by the bailiff. Instead, Rupp told investigators that they had a consensual, flirtatious relationship and had sex while at the courthouse. Maxcy told investigators that wasn't true.Rupp is no longer represented by Linesch. Rupp originally reiterated to investigators that the bailiff threatened to use a stun gun on her if she didn't have sex with him, and she claimed he tried to extort $4,000 from her if she wanted to keep her job.But the affidavit states investigators confronted her with inconsistencies in her story, and she recanted after consulting with another lawyer, Lawrence Chadband.Rupp told investigators she and Maxcy had a consensual sexual relationship, and Maxcy never threatened her.She said they had "petting and kissing sessions" in a secure hallway where there were no cameras monitoring it. She also said that she sent topless cellphone photos of herself to Maxcy.She said they once had a role-playing session where he "pulled his handcuffs out, put her against the wall, kissed her, and began rubbing her body." The encounter stopped when the bailiff was interrupted by radio conversation on his microphone.She said they did have consensual sex on the floor of Harlan's office while each was on duty at the courthouse. "She said this was the only time they had intercourse," the affidavit states.Scott Wilder, a Sheriff's Office spokesman, will make sure Monday that Maxcy is cleared by the State Attorney's Office of any criminal wrongdoing.After that, Wilder said, a Sheriff's Office administrative investigation will determine whether Maxcy violated any Sheriff's Office policy.Maxcy has been transferred from the courthouse to the Central Polk County Jail, where he works as a detention deputy.Polk County Grady Judd said it's obvious Rupp fabricated her "outrageous criminal allegations" against the bailiff."Quite frankly, we believe in holding our deputies accountable, but, if you make up false reports against our deputies, you should plan on going to jail," said Judd.

[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. ]